Opinion
2018-09329
10-20-2021
The People of the State of New York, respondent, v. James Pitt, appellant. Ind. No. 17-00044
Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent. Warren S. Hecht, Forest Hills, NY, for appellant.
Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent.
Warren S. Hecht, Forest Hills, NY, for appellant.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Rockland County (David S. Zuckerman, J.), imposed June 26, 2018, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid. The written waiver of the right to appeal form that the defendant signed misstated the applicable law and was misleading (see People v Butler, 49 A.D.3d 894, 895). Moreover, the County Court's colloquy at the plea proceeding relating to the defendant's waiver of his right to appeal failed to remedy the misleading written waiver (see People v Vargas, 187 A.D.3d 1222; People v Wilkinson, 176 A.D.3d 879, 880).
The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
CHAMBERS, J.P., AUSTIN, DUFFY, BARROS and FORD, JJ., concur.